Jitendra Prasad Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 3037 of 2017 Arising out of P.S. Case No. - 414 Year - 2016 Thana - SHERGHATI District - GAYA ====================================================== Jitendra Prasad Yadav, Son of Husaini Yadav, Resident of Village - Kamat, P.S. - Sherghati, District - Gaya .... .... Petitioner

Versus

The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Sanjeev Kumar, Advocate For the Opposite Party : Mr. Mukeshwar Dayal, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 09-03-2017 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 420 and 409 of the Indian Penal Code.

Petitioner is ready to refund the loss amount of the rice which is to the tune of rupees twenty lacs and odd as referred in the FIR.

Petitioner submits that he has already deposited rupees two lacs and would refund the remaining amount within six months.

Considering the aforesaid undertaking of the petitioner, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of thirty

Patna High Court Cr.Misc. No.3037 of 2017 (3) dt.09-03-2017 2/2 days from the date of receipt of the order, be released on provisional bail on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Sherghati, Gaya/Successor Court in connection with Sherghati Police Station Case No. 414 of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure as well as subject to the condition that if the petitioner would refund the entire amount within six months, the court below shall confirm the bail of the petitioner, otherwise the court below shall be at liberty to cancel the bail bond. The petitioner shall deposit rupees two lacs before furnishing the bail bond and produce proof of the deposit before the court below.

Kundan (Birendra Kumar, J) U T